Federal Court of Australia
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JUDGMENT No. b10/21..
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G160 of 1987 )
GENERAL DIVISTON
JUDGE MAKING ORDER: PINCUS J.
BETWEEN: SHAAB ELSEHALY and HASSANAT ELSEHALY
Applicants
AND: DESMOND ROY MITCHELL First Respondent
AND: WAYNE MICHAEL McCRAE
Second Respondent AND: KENNETH NOEL PENFOLD
AND: OAK BRAND PTY. LTD. AND: TAYLOR HOLDINGS PTY. LTD.
Third Respondent
Fourth Respondent
Fifth Respondent
MINUTES OF ORDER
DATE OF ORDER: WHERE MADE:
6 NOVEMBER 1987 BRISBANE
THE COURT ORDERS THAT:
(1)
(2)
(3)
(4)
(5)
NOTE:
the amended statement of claim, filed on 3 November 1987, be struck out;
the applicants have leave to deliver a further amended statement of claim, on or before 23 November 1987, without prejudice to the respondents' right to apply further in relation
thereto;
that the application for directions, which was adjourned to today, be adjourned to a date to be
fixed by the Registrar;
that the costs of the first, third, fourth, and fifth respondents of today's hearing be their costs in the proceedings, as against the applicants;
that the costs of the second respondent, in relation to the notice of motion heard today, be
taxed and paid by the applicants.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION )
OLD Gi60 of 1987
BETWEEN: SHAAB ELSEHALY and HASSANAT ELSEHALY
AND: DESMOND ROY MITCHELL
AND: WAYNE MICHAEL McCRAR
AND: KENNETH NOEL PENFOLD
AND: OAK BRAND PTY. LTD.
Applicants
First Respondent
Second Respondent
Third Respondent
Fourth Respondent
AND: TAYLOR HOLDINGS PTY. LTD.
PINCUS J.
Fifth Respondent
6 NOVEMBER 1987
EX TEMPORE REASONS FOR JUDGMENT
In this matter, Mr. O0'Donnell of counsel for the second
respondent complains of the form of the amended statement of claim
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